logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 해남지원 2018.07.17 2017가단21203
근저당권말소
Text

1. D:

A. As to the real estate listed in paragraph (1) of the attached list No. 1, Defendant B shall be the Gwangju District Court's Maritime Branch on May 13, 2005.

Reasons

1. Basic facts

A. On April 3, 2002, the Plaintiff concluded a guarantee insurance contract with a limited liability company E and the insured on April 3, 2002, and D jointly and severally guaranteed the liability for indemnity against the Plaintiff of a limited liability company E based on the said guarantee insurance contract. 2) A limited liability company E did not perform a contract with the insured, and the Plaintiff paid insurance proceeds of KRW 254,247,000 to the Maman-gun on June 11, 2004, upon the request of the Maman-gun.

3) The plaintiff filed a lawsuit against joint and several sureties, including the limited company E and the defendant, with the Gwangju District Court Decision 2004Da44105, and won the lawsuit (the above decision became final and conclusive on November 5, 2004), and thereafter rendered a favorable judgment on September 2, 2014 by filing the same lawsuit with the Gwangju District Court 2014Da23282 for the interruption of extinctive prescription, and the judgment became final and conclusive around that time. (B) The above judgment became final and conclusive around that time. (3) D’s creation of a mortgage on D’s real estate as to D’s real estate as indicated in paragraph (1) of the attached Table No. 1, the maximum debt amount of KRW 360 million for the real estate as indicated in the attached Table No. 250,000,000,000 for the debtor, and the neighboring registration of the establishment of a mortgage (the contract as to May 13, 2005) as the Gwangju District Court Support No. 2006,2000,506.

(2) As to the real estate stated in paragraph (2) of the attached Table No. 2, D completed the registration of creation of a mortgage (a contract establishing a contract on August 25, 1997, which is the cause of the registration) against Defendant C, with the maximum debt amount of KRW 150 million, and the debtor D’s establishment of a mortgage (hereinafter “third party mortgage”).

(ii) [Ground of recognition] Gap evidence 1 to 3 (which has a serial number) and all pleadings, including a serial number.

arrow